11th Circuit Upholds Some Sex Offenders' Right to Live With Their Kids
The 11th Circuit partially overturned Alabama's law barring sex offenders from living with their own children.
Why it matters: This ruling challenges blanket residency restrictions and emphasizes constitutional parental rights, affecting custody disputes and legal strategies for family and criminal defense attorneys.
- On July 6, 2026, the 11th Circuit partially upheld a judge's decision striking down part of Alabama's restrictive sex offender cohabitation law.
- The court recognized a fundamental parental right to live with one's children but allowed some state regulation if narrowly tailored.
- Alabama law bars sex offenders from living within 2,000 feet of schools, childcare, or camp facilities and generally prohibits residing with minors, including own children, with limited exceptions.
- In April 2025, the 11th Circuit ruled Alabama's blanket ban unconstitutional, citing the need for individualized review instead of total prohibition.
On July 6, 2026, the 11th Circuit Court of Appeals partially upheld an Alabama federal judge's decision to invalidate part of the state's law that broadly barred registered sex offenders from living with their own children. This case directly centers on the constitutional tension between protecting children and upholding the fundamental rights of parents.
The Alabama law prohibits registered sex offenders from residing within 2,000 feet of any school, childcare facility, or resident camp, and it also restricts these offenders from living with minors, including their own children — except in limited circumstances. When the conviction involves a child sex offense, exceptions are often nullified, effectively imposing a blanket prohibition.
However, in April 2025, the 11th Circuit ruled that the blanket prohibition violated the fundamental right of parents to establish a home and family. The court emphasized that the state must adopt narrowly tailored regulations rather than absolute bans. As attorney Jeremy Kreisberg, representing the plaintiff, explained, "There is a fundamental right to reside with children. This law directly and substantially infringes that right, and there is a less restrictive alternative available, which is a system of individualized review."
This ruling underscores the requirement that state restrictions on child sex offenders cohabitating with children must balance public safety with constitutional rights. The court signaled support for individualized assessments of offenders rather than blanket prohibitions, demanding more nuanced legal frameworks.
The decision has significant implications for family law practitioners and criminal defense attorneys who must now consider how custody arrangements and residency restrictions intersect with constitutional protections. With Alabama's law partially struck down, the state will have to reexamine and potentially revise its approach to comply with the court's guidance.
By the numbers:
- 2,000 feet — minimum distance Alabama sex offenders must live from schools and childcare facilities
- April 2025 — 11th Circuit ruled Alabama's blanket cohabitation ban unconstitutional
- July 6, 2026 — date when the 11th Circuit partially upheld the decision to strike down part of Alabama's law
Yes, but: The ruling does not grant unconditional rights; states may still enforce restrictions if laws are narrowly tailored and allow for individualized review.
What's next: Alabama is expected to develop procedures for individualized assessments to replace blanket bans, but specific implementation details remain pending.